Local Rule 1915.2 and Local Rule 1915.3; No. 632 of 2015 GD
[45 Pa.B. 2047]
[Saturday, April 25, 2015]
And Now, this 2nd day of April, 2015, pursuant to Rule 239 of the Pennsylvania Rules of Civil Procedure, it is hereby ordered that Local Rules 1915.2 and 1915.3 are amended as set forth in the following.
The Prothonotary is directed as follows:
(1) One certified copy of the Local Rule shall be filed with the Administrative Office of Pennsylvania Courts.
(2) Two certified copies and diskette of the Local Rule shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(3) One certified copy of the Local Rule shall be sent to the State Domestic Relations Procedural Rules Committee.
(4) One certified copy shall be sent to the Fayette County Law Library.
(5) One certified copy shall be sent to the Editor of the Fayette Legal Journal.
This Local Rule shall be continuously available for public inspection and copying in the Office of the Prothonotary. Upon request and payment of reasonable costs of reproduction and mailing, the Prothonotary shall furnish to any person a copy of any local rule.
This Local Rule shall be effective 30 days after the date of publication in the Pennsylvania Bulletin.
By the Court
JOHN F. WAGNER, Jr.,
Rule 1915.2. Procedure.
a. A party who is requesting a child custody mediation conference must file, after filing an appropriate complaint/petition, with the Prothonotary a ''Request to Schedule Child Custody Mediation'' form, along with the $100.00 filing fee, in accordance with F.C.R. 1915.3. The requesting party must also serve on the Administrative Office of Fayette County Courts a copy of the Request for Child Custody Mediation Conference, along with a copy of the receipt for the filing fee. The Administrative Office of Fayette County Courts shall refer the request form to Child Custody Services and a mediation conference shall be scheduled. All parties must attend this child custody mediation conference unless excused by the child custody mediator/hearing officer. Children shall not attend the conference, unless directed by the Court or directed by the Child Custody Mediator/Hearing Officer.
b. The child custody mediator/hearing officer shall conduct the conference as an informational and conciliatory proceeding. Upon the filing of any complaint, petition, or motion, relating to child custody, partial custody or visitation, the parties are required to attend at least one session of a child custody education program, the cost of which may be assessed against a party or parties, unless the court waives the requirement upon petition filed for good cause shown. A defaulting party may be subject to sanctions by the Court. The child custody mediator/hearing officer may require the parties to attend additional sessions of a child custody program and shall monitor attendance.
c. Attorneys and pro se litigants shall adhere to the custody instructions and shall specifically use the forms which accompany those instructions that are available in the Fayette County Law Library or on the website at www.co.fayette.pa.us/ChildCustody.
Rule 1915.3. Fees and Costs.
Upon the filing of any complaint, petition, or motion relating to child custody, partial custody, visitation, or contempt, where there is at the time of filing no agreed-upon Order disposing of the issues, the moving party shall file and serve a Request to Schedule Child Custody Mediation and pay to the Prothonotary (in addition to any other required fees), a non-refundable conciliation fee in the amount of One Hundred ($100.00) Dollars, or shall file to proceed in forma pauperis with Court approval in accordance with Pa.R.C.P. No. 240. Attorneys and pro se litigants shall adhere to the instructions and shall specifically use the form which accompanies the instructions to proceed in forma pauperis that are available in the Fayette County Law Library or on the website at www.co.fayette.pa.us/CourtAdmin.
[Pa.B. Doc. No. 15-766. Filed for public inspection April 24, 2015, 9:00 a.m.]
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